Divorce in California: What to Expect

You do not have to prove your spouse did anything wrong to get divorced in California. The standard ground is "irreconcilable differences," meaning the marriage cannot be repaired. Either spouse can file, and the other cannot stop the divorce simply by objecting.

This keeps the focus on practical questions such as property, support, and children, rather than assigning blame.

To file in California, one spouse generally must have lived in the state for at least six months and in the filing county for at least three months. There are limited exceptions.

California also has a mandatory six-month waiting period from the date the responding spouse is served before a divorce can become final. Even if everything is agreed, the marriage does not legally end before that period passes.

California is a community property state. In general, assets and debts acquired during the marriage are owned equally and are divided equally, while property owned before marriage or received by gift or inheritance is usually separate.

In practice, characterizing and valuing property can get complicated, especially with a home, retirement accounts, or a business. Many disputes are really about the details of what counts as community versus separate.

Spousal support, sometimes called alimony, may be ordered based on factors like the length of the marriage, each spouse’s earning capacity, and the standard of living during the marriage.

Child support in California is set largely by a statewide formula that considers each parent’s income and time with the children. Courts can depart from the formula in specific circumstances.

California courts decide custody based on the best interests of the child. Custody has two parts: legal custody, meaning decision-making, and physical custody, meaning where the child lives. Both can be joint or primarily with one parent.

Parents are encouraged to agree on a parenting plan. When they cannot, the court may involve mediation before making a decision.

A truly simple, fully agreed divorce with no children and few assets can sometimes be handled with self-help resources. But if there are children, a home, retirement accounts, a business, or any disagreement, the stakes and complexity rise quickly.

Many people at least consult a family law attorney to understand their rights before signing anything. An early consultation can prevent decisions that are expensive or impossible to undo later.